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Property and debts after divorce


        

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  • 2024-06-20 18:01:42

    [Legal Opinion]
    1、 Divorce property division:
    In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases (hereinafter referred to as the Opinions on Property Division), and in combination with judicial practice, the court shall follow the following principles when trying divorce cases to divide the joint property of husband and wife:
    1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for people's courts to handle marriage and family cases. This principle is embodied in the division of divorce property, that is, both husband and wife have the right to divide their common property equally and the obligation to bear their common debts equally
    2. The principle of caring for children and women's interests. The "care" here can not only give the woman an appropriate share of the property, but also distribute a property that is specially needed in life, such as housing, to the woman in the type of property. After all, from the force of habit, from the obstacles caused by traditional factors, from the perspective of women's housework burden and physiological characteristics, women are generally weaker than men in finding work and earning a living after divorce, and they need more help from society. At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the legal property rights and interests of minors. The legal property of minors cannot be divided into the joint property of husband and wife
    3. The principle of beneficial life and convenient life. When divorcing and dividing the common property, the utility, performance and economic value of the property shall not be damaged. When the means of production in the common property is divided, it should be distributed to the party who needs the means of production and can better play the role of the means of production as far as possible. When the means of livelihood in the common property is divided, it should try to meet the professional or professional needs of individuals to play the use value of the property. The indivisible property shall be owned by one party according to the actual needs and the principle of beneficial use, and the party who gets it shall compensate the other party according to the actual value at the time of divorce according to the principle of fairness
    4. The principle that rights shall not be abused. When dividing the joint property of husband and wife after divorce, the property owned by the state, the collective and others shall not be divided as the joint property of husband and wife, and the legitimate interests of others shall not be damaged in the name of dividing the joint property of husband and wife
    5. If the property owned by one spouse is consumed, damaged or lost in the common life, the other spouse shall not make compensation. This is a summary of judicial practice experience, which conforms to the requirements of the essence of husband and wife relationship and marriage life, and is conducive to avoiding unnecessary disputes.
    2、 Divorce debt split:
    The scope of joint debt The current Marriage Law stipulates: "At the time of divorce, the debts originally incurred by the husband and wife for their common life shall be repaid with their common property." The debts incurred by the husband and wife for their common life, joint business and performing their statutory maintenance obligations are joint debts.
    Debt repayment:
    The joint debt of husband and wife should be paid before the personal debt. The personal debts of the husband and wife shall be paid by themselves. If the joint debts should be repaid with the common property before divorce and the common property is not enough to pay off, both the husband and wife shall repay equally with their own property. If there is a dispute between the two parties, or if the debts cannot be fully repaid, the method of repayment shall be decided by the people's court. The people's court shall notify the creditors to appear in court when trying the issue of the repayment of the husband and wife's joint debts. The joint debt should be repaid by the joint property when divorce occurs, but in judicial practice, there are often cases where the judgment divides the joint property first and then repays the joint debt separately after divorce.

    Lu***

    2024-06-20 18:01:42

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